RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070002770 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in the Republic of` Vietnam from 20 October 1971 through 5 August 1972 in military occupational specialty (MOS) 11B1O (Light Weapons Infantryman), but was not awarded the Combat Infantryman Badge.  He adds, in effect, he has been diagnosed with Post Traumatic Stress Disorder (PTSD) and must prove he earned the Combat Infantryman Badge to the Department of Veterans Affairs (VA) for purposes of determining his eligibility for VA benefits.

 3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
13 December 1972 and DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he was inducted into the Army of the United States on 16 March 1971.  Upon completion of basic combat training and advanced individual training, the applicant was awarded MOS 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20, Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 30 September 1971 through 5 August 1972.  Item 38 (Record of Assignments) of the DA Form 20 shows, in pertinent part, that he was assigned to Company C, 1st Battalion (Airmobile), 502nd Infantry in Vietnam, in Duty MOS 11B1O (Rifleman), from 20 October 1971 to 30 January 1972, and that he was assigned to Company D, 51st Infantry in Vietnam, in Duty MOS 11B1O (Light Weapons Infantryman), from 31 January 1972 to 4 August 1972.

4.  Item 39 (Campaigns) of the applicant’s DA Form 20 shows he participated in the 15th (as then, an unnamed) campaign.  Item 41 (Awards and Decorations) shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Marksman Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.

5.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal with “1960” Device, and Marksman Marksmanship Qualification Badge with Rifle Bar.  This document also shows that he was honorably released from active duty (REFRAD) on 13 December 1972 after completing 1 year, 8 months, and 23 days net active service.

6.  There are no orders or other evidence in the applicant’s military service records that shows he was awarded the Combat Infantryman Badge.  In addition, there are no orders or other evidence in the applicant’s military service records that shows he was awarded an individual decoration for heroism, meritorious achievement, or meritorious service during the period that he served in the Republic of Vietnam.

7.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  Consolidation I, Consolidation II, and Vietnam Cease-Fire.


10.  The applicant's records contain a copy of Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina, Special Orders Number 84, dated 6 May 1971, which show that he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.

11.  Army Regulation 600-8-22, Chapter 3 (U.S. Army Individual Decorations) provides, in pertinent part, that U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.  

12.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam era was announced in unit special orders, normally published at battalion or brigade level.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  


15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, which includes the Vietnam Service Medal.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message. For Vietnam service, one Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Combat Infantryman Badge because he served in Vietnam from 20 October 1971 through 5 August 1972 as a rifleman and must show the Department of VA that he was awarded the Combat Infantryman Badge in order to obtain certain VA benefits.

2.  There are no orders or other evidence of record that shows the applicant was awarded the Combat Infantryman Badge.  In addition, there are no orders or other evidence that shows the applicant was awarded an individual decoration while serving in Vietnam that might possibly serve to support the fact that he satisfactorily performed infantry duties, during such time as his infantry unit was engaged in active ground combat, and that he actively participated in such ground combat.  Therefore, in the absence of special orders or any other documentary evidence of record, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 16 March 1971 through 13 December 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show that the applicant served in 3 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, it would be appropriate to correct his records to show this badge.

6.  Records show that the applicant is credited with 12 months service (counting the months of his arrival and departure) in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___PMS_  ___REB _  ___RCH_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 16 March 1971 to 13 December 1972;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with 1 bronze service star, and

	c.  adding to Item 24 of his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Expert Marksmanship Qualification Badge with Grenade Bar, and 2 Overseas Service Bars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge.




____ _Paul M. Smith______
          CHAIRPERSON




INDEX

CASE ID
AR20070002770
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/28
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19721213
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VIII
DISCHARGE REASON
To Enter or Return to College
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111.0000
2.
107.0056.0000
3.

4.

5.

6.